StudentShare solutions
Triangle menu

Consumer Law Degree - Essay Example

Not dowloaded yet

Extract of sample
Consumer Law Degree

Their Consumer Products Directive, issued in 1986, was designed to make it much simpler for consumers to sue manufacturers for damages resulting from defective products.1 The contrast between the principles of European Community legislation and British law became a point of contention.
And so the Consumer Protection Act was written in 1987 to switch the burden from the consumer to the manufacturer. Written to bring English law into closer compliance with the laws of the European Community, this act only requires that the consumer prove that the product was defective, and that the defect in the product caused some sort of harm, either to the person or to the property of the consumer. Subsection 7 of Part I expressly forbids the sort of consent forms that had earlier absolved the manufacturers of any responsibility. Subsection 2 of Part I creates a whole crowd of possible defendants - the consumer may sue the "producer of the product" as well as any person who imported the product, or who put his/her own brand on the product (to make it seem that s/he had produced the product), or even a supplier somewhere along the supply chain, if that supplier does not reveal the source of the product in a sufficient amount of time.
The act's definition of a "defect" also calls to mind the sound of plaintiff's attorneys salivating over possible settlements. According to the act, a defect exists if "the safety of the product is not as such as persons generally are entitled to expect." The use of the word "generally" could take many forms in the mind of a socially conscious judge, or in the minds of jurors who had had negative experiences at the hands of defective products. These expectations come from a variety of sources: the marketing, packaging, instruction manuals, and consumer warnings2. Much comedy has arisen from the pedestrian directions and warnings that adorn the packaging of many consumer appliances - who wouldn't know, for example, to remove a hair dryer from the package before attempting use It may well be, however, that each silly instruction comes from a lawsuit brought by someone who did not know what to do.
There are several defences available to the manufacturer. Any defect that is a result of compliance with European Community regulations; any defect that did not exist in the product at the time when the consumer used it; and any defect that was not discernible to the manufacturer, because technology at that time did not reveal the defect, would not cause the manufacturer to be liable3. Given that the European Community wanted to foster a climate of geniality toward consumer protection, it is unlikely that it would produce regulations that create defective products. Other than the fact that the consumer has to demonstrate that the product defect led to harm of person or property, the Consumer Protection Act of 1987 appears to do just that.
The British government has undertaken a significant public relations effort to ensure that the public is aware of its rights under the CPA. (This effort would come to be self-defeating in the case of the Hepatitis C litigation, as will later come under discussion). The Consumer Affairs Directorate created a consumer guide4 that gives a thorough explanation of consumer ...Show more

Summary

British tort law before 1987 seemed as though it had virtually been composed by friends of the manufacturing industry, so onerous was the burden of proof placed on the consumer. Consumers had to prove that the manufacturer breached "duty of care" - which turned out to be almost impossible to prove to the satisfaction of the courts…
Author : aric46
Consumer Law Degree Essay essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Consumer Law Degree Essay"
with a personal 20% discount.
Grab the best paper

Related Essays

Consumer law
Ideally, consumer law covers an array of topics that include fraud, unfair business practices, product liability, misrepresentation, and rights to privacy among a list of other consumer/business enterprise interactions. The core principles embedded in consumer law safeguard against frauds that may arise from pricing, personal loans, consolidation, utility turn offs, and bill collection regulations that may influence bankruptcy.
10 pages (2500 words) Essay
Consumer law
It was presumed by Andy that a repair of the brakes would render the vehicle totally road worthy, thus of satisfactory quality.In the Product Warranty Liability Act a description of Implied warranty is provided to describe the suppliers contractual responsibilities (or guarantees) regarding the quality or fitness of the goods.
14 pages (3500 words) Essay
Consumer Law Master Essay
A minimum set of common consumer rights in respect of faulty goods is provided for under the Sale of Consumer Goods. The existing UK law has been retained with some amendments, mainly to give effect to specific remedies which, although they have been in use for many years, have not previously been part of the law.
10 pages (2500 words) Essay
Family Law Degree Essay
It has been opined in fact that the introduction of a liberalized, no fault divorce law has had a marked effect on divorce rates in England and Wales. (Binner & Dnes, 2001) It is now possible to procure a divorce through the Court on the following grounds: (1) adultery by the respondent, (2) unreasonable behavior, (3) desertion by the respondent for two years or more, (4) separation for two years and the parties agree, and (5) separation for five years.
10 pages (2500 words) Essay
Constitutional Law Degree Essay
However, in order to be effective, each participating elector in a referendum must not only know the question submitted to the electorate, but must also understand the various issues surrounding the said question. It is thus the duty of the government, in the conduct of referendum, to protect the said rights of each elector: the right to information on matters of public concern, and the right to give an enlightened consent or disagreement to the question thus interposed.
6 pages (1500 words) Essay
BUSINESS LAW Degree Essay
For instance as a result of these concerns and many others The 1985 Companies Act has been revised and will soon be replaced by the new 2006 Companies Act that is expected to come into force by the end of October 2008. In the same vein consumer rights and protection groups are also waging a relentless campaign to ensure that government enact and enforce stiffer laws that will safeguard the consuming public from the rising trends of acts amounting to corporate misdemeanor on the part of corporate institutions and their stakeholders.
6 pages (1500 words) Essay
Common law Degree Essay
It must be importantly noted, however, that Rareplants Ltd. undertook substantial steps to keep its place safe for the visiting public. In short, it exercised due diligence that a good father of a family might have done under similar circumstances. That can be a partly valid defense to allow mitigated liability on the part of Rareplants Ltd.
6 pages (1500 words) Essay
Consumer Law Essay
Consumers ought to be as confident as possible when making purchases in both own and foreign countries and this can only be attained by a well planned and implemented consumer protection laws and regulations. Thus it is the duty of the leaders from both the EU and the respective member sates to ensure that their people are well protected and safeguarded against any harm that may emerge from the marketplace.
10 pages (2500 words) Essay
Consumer Law
Andy purchased a used car for multi purpose usage; shopping, collecting the children from school and occasional business use. He paid for the car with a cheque drawn on his business account.
12 pages (3000 words) Essay
Consumer law
The core principles embedded in consumer law safeguard against frauds that may arise from pricing, personal loans, consolidation,
10 pages (2500 words) Essay
Get a custom paper written
by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT
Comments (0)
Rate this paper:
Thank you! Your comment has been sent and will be posted after moderation